An alliance of associations representing stakeholders in the construction, energy, public works and engineering industries has signed up two consultants to lobby federal government officials about the “successful passage” of a senator’s private member’s bill on underground infrastructure safety that has been flagged in the House of Commons as potentially problematic.

The legislation in question — known as Bill S-229, or the Underground Infrastructure Safety Enhancement Act — was sponsored by Independent (former Liberal) Sen. Grant Mitchell and seeks to create a federal underground infrastructure notification system.

Shortly after the Upper Chamber sent the proposed legislation to the House of Commons for consideration, concerns were raised about several bills, including Bill S-229, and whether they contain spending provisions — in which case they would be considered “money bills.”

“If, following an anticipated first reading of Bill S-205 and Bill S-229, the Chair determines that the bills are contrary to our usual rules and practices regarding money bills, I would be obligated to disallow them to be further considered in the House,” he said. “Specifically, it would be incumbent on me to order them removed from the Order Paper and any consideration of them ended.”

The Canadian Common Ground Alliance, who hired two consultants from Tactix Government Relations and Public Affairs to lobby the federal government about Bill S-229 and its passage, did not respond to requests for comment.

The group’s lobby registrations were posted September 1. TransCanada Corporation’s president and CEO is also registered to lobby about Bill S-229.

Concerns raised in Parliament about the underground infrastructure safety bill have focused on its structure. Clause 17 of the bill stipulates that the infrastructure minister “may enter into agreements — including funding agreements — with the government of a province, a notification centre or a damage prevention organization for carrying out the purposes of this Act.”

Meanwhile, subsection (2) of Clause 33 states that “no order may be made under subsection (1) unless the appropriation of moneys for the purposes of this Act has been recommended by the Governor General and such moneys have been appropriated by Parliament.”

In his address on May 9, 2017, Regan called this structure, as well as that of another bill, “unusual” – kickstarting a back-and-forth over whether they are “money bills” or not.

“Essentially, they appear to contain spending provisions that would require a royal recommendation, but they both conclude with coming into force provisions that suggest otherwise,” he said. “Receiving such bills from the Senate is exceptional and rare. Indeed, it may well be the first time the House is seized with such legislative measures.”

Three days after Regan raised his concerns, Kevin Lamoureux, parliamentary secretary to the government House leader, said Bill S-229 – as well as three other bills submitted to the House for consideration – “stand in contravention to the Constitution.”

“Without commenting on the merits of these bills, I submit that these bills contain provisions that infringe upon the financial prerogative of the crown,” Lamoureux said, adding that the purposes outlined in Clause 17 and its subsections “are not authorized by any statute or appropriation.”

On June 20, however, Lloyd Longfield – the Liberal MP for Guelph – challenged Regan’s and Lamoureux’s concerns about the bill.

“I respectfully submit that should you decide that Bill S-229 is not a money bill,” Longfield said to Assistant Deputy Speaker Carol Hughes. “The proposal is not even a money bill, as it merely contemplates the minister entering into an agreement but does not directly involve any expenditure.

“For these reasons, I respectfully submit that Bill S-229 is admissible and should not be ruled out of order.”

A decision on the bill’s future is expected when the House returns this fall. Following Longfield’s submission to Parliament on June 20, Hughes said she would “take the information provided” and that it would be “of assistance in researching the issue and preparing for a decision.”

Other lobby registrations

The Canadian Common Ground Alliance’s registrations were two of only 27 registrations posted in the federal lobby registry last week, between August 28 and September 1.

In health- and marijuana-related filings, Canopy Growth Corp. CEO Bruce Linton registered to lobby on recreational cannabis. Canopy is Canada’s largest marijuana producer and owner of the Tweed plant in Smiths Falls, among other facilities.

Cronos Group also hired Eric Klein of Catandog LLC to discuss industry self-regulation and advertising standards as part of Bill C-45 – the Liberal government’s proposed legislation, tabled in April, to legalize and regulate access to cannabis in Canada.

And the Canadian Pharmacists Association hired Kristin Wilton and Robin MacLachlan of Summa Strategies to help arrange meetings for their upcoming advocacy day on Parliament Hill. Topics for that event include marijuana, the opioid crisis, pharmacare and pharmacy services, according to the consultants’ registration summaries.

On NAFTA and trade, Alberta Milk hired Charlene Campo of Alberta Counsel to discuss several issues with federal officials: the federal carbon tax, NAFTA and the continuation of supply management and the Health of Animals Act. Campo is based in Edmonton and worked for a minister in the Alberta government for the past few years, according to her LinkedIn profile.

The B.C. Dairy Association also registered board member John Kerkhoven to lobby about NAFTA, CETA and supply management.

In other filings, an Edmonton-based company called Bee Clean Building Maintenance has hired two lobbyists from the Capital Hill Group — Will Adams and Robert McCreight — to help them get contracts to “provide janitorial services for Government of Canada buildings and military bases.”

The Muslim Association of Canada has tapped Andrew Steele of Strategy Corp. to arrange introductory meetings with government officials from Employment and Social Development Canada, Global Affairs and Immigration, Refugees and Citizenship.

And across the border, Washington-based Progressive Policy Institute hired James Anderson of Public Affairs Advisors to arrange meetings on tax simplification and large IT projects. The Institute claims to be a home for “new” democrats and is all about ending congressional deadlocks.

Communication reports

Up from 50 the week prior, 91 monthly communications reports were posted between August 28 and September 1. Most of the communications detailed in the reports occurred in July or August.

The most lobbied institutions, based on last week’s filings, were:

House of Commons, 30

ISED, 13

Global Affairs, 8

The most lobbied subjects, based on the first two subjects listed in last week’s filings, were: